Creator Terms and Conditions

Becoming a Creator at AppKino Marketplace is easy but before continue please make sure you’ve already accepted our General Terms and Conditions of AppKino Marketplace. This specific terms and conditions section is for the Creators or who wants to be a Creator at AppKino Marketplace. If you want to become a Creator at AppKino Marketplace, you’ll need to agree to them first. These govern the relationships, rights and obligations of creators to us and buyers using AppKino Marketplace. You agree to put your Apps on AppKino Marketplace and make them available to buyers on the basis stated in the General Terms and Conditions of AppKino Marketplace and these creator Terms and Conditions.

Please take enough time to read and understand the Creators Terms and Conditions very carefully as a creator on the AppKino Marketplace you have responsibilities to us and the buyers of your Apps.

When we say ‘you’ in these creator Terms and Conditions we are referring to you, the creator. All other words defined or explained in the General Terms and Conditions of AppKino Marketplace have the same meaning here. If there’s any inconsistency between what we say in these creator Terms and Conditions and what is in the General Terms and Conditions of AppKino Marketplace, what we say in these creator Terms prevails.

These Terms and Conditions include the responsibilities of yours as a creator and the process of selling your Apps on the AppKino Marketplace with the details of how you can earn money with AppKino Marketplace.

Becoming a creator

Becoming a creator is free: Becoming a creator and putting your Apps on the AppKino Marketplace is free but there is a review process. There are a few things you promise in exchange for the right to be a creator, which are outlined in these Creator Terms and Conditions.

Process to become a creator: There are easy steps you follow to sign up as a creator on the Creator Sign Up Page where you’ll find instructions and resources that will help you get started. You’ll also find information about payment, submission requirements and other important information about being a creator.

How selling your Apps works

What you’re providing:

  1. Source Code: When you ‘sell’ a App, you’re making your App available to buyers and downloaders to use under certain conditions. What you’re selling includes a Source Code directly to the buyer or downloader.

  2. Customization Support (if applicable): You can choose whether or not to provide Customization Support to your Apps. If you choose to provide Customization Support for an App, this will be identified on the App page and Buyers will be able to avail that support under certain terms and conditions.

The total price for an App on AppKino Marketplace is made up of:

  1. App price: The App price is made up of a Source Code price along with the App itself.

  2. Customization Support Price: Since the Customization Support service depends on the Creators themselves and the support type, terms and conditions may vary based on both buyer and sellers understanding so there is no fixed price for this but AppKino Marketplace encourages per man hour wages to determine the customization price as a standard practice.

  3. Buyer fee: This is the fee for the buyer services you get from AppKino.

  4. Handling fee (if applicable): During a purchase from AppKino Marketplace you get redirected to a payment gateway or service provider where you may be required to pay a handling fee.

  5. Taxes (if applicable): Some transactions on AppKino Marketplace may be subject to tax that may be added to the price.

The list price is made up of the App price and buyer fee, and is the price on an App page. See General Terms and Conditions of AppKino Marketplace for information about all the parts of the total price.

Exclusivity: When you become a creator, you can choose to make your Apps available exclusively on AppKino or to retain the ability to sell your Apps elsewhere. The percentage of revenue you receive from each sale of your item will vary depending on your choice (as explained below). You can change your exclusivity status of your account at any time.

Your earnings; creator fee: When your App is sold on AppKino Marketplace, you will earn the App price less a creator fee that we charge. The creator fee is what you are charged by AppKino for use of our marketplace platform and services as a creator. The creator fee is determined by whether you are selling the App only on AppKino Marketplace exclusively or not. The creator fee you pay to us is set out by us that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on AppKino Marketplace.

Setting the prices of Apps: We set the prices of Apps in some categories on AppKino Marketplace. We know how valuable your creations are to you and so we endeavour to make the prices we set for your Apps fair and in line with the going Marketplace rate. Even so, you acknowledge and agree that we have absolute control over the pricing of AppKino Marketplace Apps in categories where we set the prices.

13. Review: We have rules about what we accept and don’t accept. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your App. We have the final say on whether Apps are accepted for AppKino Marketplace.

No Variation: You are not permitted to vary these terms (or our AppKino Marketplace Terms) as they apply between you and buyers, or to offer your Apps on different terms or with additional terms (for example, through your App description pages). Any different or additional terms that you try to impose on AppKino Marketplace on your Apps will have no effect against buyers or AppKino.

How do payments of earnings work

Earnings payment:

We will pay you the App price less the creator fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorise us to collect payments, to credit your AppKino Marketplace account with your earnings, and to distribute your earnings to you. To do all these we may use another company or AppKino Company.

To avoid any confusion, only your earnings from the sale of your Apps will be payable to you.

Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. How much you need to have in your AppKino Marketplace account before we can pay you is set by us which is minimum $10.

Earnings payment timing and methods:

We disburse your earnings on the last week of every month and to do that you must provide us with the correct details and payment method. Also you may bear some or all expenses incurred by us in paying monies to you.

Potential deductions:

  1. Payment methods available for buyers to buy your Apps involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don’t control). If an AppKino Marketplace transaction on an App is subject to payment agents’ refunds, chargeback, fees or unauthorised transactions, we may automatically deduct those amounts from your AppKino Marketplace account.

  2. You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your App or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your AppKino Marketplace account any amount that would otherwise be payable to you.

Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:

  1. we do not have the correct payment details;

  2. we can’t contact you using the contact details that you have supplied;

  3. you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.

Currency conversions: Whenever we make a payment to you as a creator, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

Holding earnings: If we decide that an App of yours does not comply with an applicable law or any of our rules or guidelines, including the General Terms and Conditions of AppKino Marketplace and these Creator Terms and Conditions, we can at our discretion remove the App or disable your membership. We may also hold any earnings on that App for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your App has been resolved.

creator house-keeping

Taxes that apply to your supplies: As a creator on AppKino Marketplace, you are responsible for paying any taxes that apply. If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being a creator. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).

We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate.

Invoices: We will issue invoices (or in some cases tax invoices) for transactions between creators and buyers on AppKino Marketplace.

Your promises and responsibilities:

As a creator you promise to us and each buyer of your Apps that:

  • the App is of acceptable quality and fit for the purpose for which it is ‘sold’;

  • the App matches the description given by you on the App preview page, as well as any preview;

  • the source codes are correct, if found not correct you will either refund the whole price along with a fine or provide the buyer a correct source code;

  • the source code does not infringe any law or copyright issue

  • you will honour any express promises given to buyers that are not contained in the AppKino Marketplace Terms and Conditions;

  • the buyer’s use of that App does not infringe the intellectual property rights of someone else;

  • the App and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;

  • the App and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);

  • the App does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

  • where relevant, you have the appropriate model or property release for your App and you can produce a copy of that model or property release when requested by us or a buyer of your App.

Free Apps: If you make your Apps available on AppKino Marketplace for free, then the promises you make to buyers also apply to anyone who downloads your App from AppKino Marketplace. In certain circumstances, we may also allow a buyer to purchase an App for another member, and in this case you also agree that these promises apply to the member for whom the App is purchased.

Indemnity to Buyers: You give an indemnity (legal protection) to and are liable to each buyer of your Apps.

As a creator you promise that:

  • you will not use AppKino Marketplace to offer non-AppKino goods or services to buyers;

  • you will not buy your own Apps;

  • you will follow any creator guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;

  • information and documentation you give us (like your name and address) is accurate; and

  • where you have marked an App as ‘customization supported’, you will provide buyers of your App with customization support.

Buyers’ use of your App: We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your App contrary to the AppKino Marketplace Terms and Conditions.

Other creators use of your App: A fellow creator may also use a watermarked preview of your App in a preview of their own AppKino Marketplace App without requiring your permission and without compensating you. The other creator must credit you by providing a link to your App on the AppKino Marketplace.

Our use of your App: We may use your App to promote AppKino Marketplace. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.

Remove App: We have the right to remove an App for any reason, using our reasonable discretion. For example, we may review the libraries to keep the AppKino Marketplace fresh and full of quality Apps that meet the latest technical standards and Marketplace trends. Also, issues about an App might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an App is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your App being removed.

Personal information

In order to facilitate a transaction on AppKino Marketplace, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or support services). You agree that you will keep buyer information confidential and only use this information for that AppKino Marketplace transaction.

If, over and above what AppKino provides you with, a member voluntarily provides you with usernames, passwords, photo identification or other personal information of the member, you must:

  1. provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;

  2. obtain the member’s permission to use their personal information;

  3. use the personal information only for the limited purposes for which the member gave permission; and

  4. meet any privacy and spam law requirements that apply to you.

Special arrangements

Special deals and promotions

Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for creators (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to AppKino Marketplace buyers. Generally, this will be covered by our setting of prices. In some cases, if pricing promotions involve a change in the creator fee or source code terms, then it is a special promotion and the following sections are relevant.

  • Given the nature of special deals, the prices of your Apps under the special deal may vary from the advertised App price. This means that your earnings on the sale of your Apps in a special deal may not always be determined by reference to the advertised price of your App on the AppKino Marketplace. Given the nature of special deals and special promotions, the creator fee may differ for special deals or special promotions.

  • Before your App is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, pricing and creator fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the creator fee. We will let you know the time frame to opt out, and if you don’t do so, your App will be included in the special deal or special promotion.

  • Special deals and special promotions might also involve you entering supplementary source code arrangements to allow the buyer to use your App in particular ways. If these supplementary source codes are substantially different from the standard AppKino Marketplace source codes, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.

Please note, You will always have the option of opting out of any special deal or special promotion if it involves a change to the creator fee. We decide the other details like pricing.

Legal housekeeping

Relationship between us and you: Nothing in these terms and conditions is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:

  • for receiving payments from buyers;

  • for passing on your promises to buyers

  • for limiting your liability to buyers

Definitions

Creators:
a member who creates Apps and makes Apps available for sale on AppKino Marketplace.

Buy:
a way of purchasing an App using a payment provider.

Buyer:
a person who ‘buys’ Apps on AppKino Marketplace.

Buyer fee:
the fee for the services buyers get from AppKino like 24/7 support, fraud protection, item quality control and other related buyers’ services.

AppKino / Appkino Marketplace:
AppKino Ltd.

AppKino content:
is all the content that we have put on AppKino Marketplace website and includes the design, compilation, and look and feel of the AppKino Marketplace website, and copyright, trademarks, designs and other intellectual property on the AppKino Marketplace (unless otherwise stated and excluding content owned by others like creator content).

AppKino Marketplace:
When we refer to the ‘AppKino Marketplace’ we’re talking about the AppKino digital marketplace

AppKino Marketplace account:
what you receive when you become a Member of AppKino Marketplace.

Guest:
a person who buys an item without having an AppKino Marketplace account.

Handling fee:
the fee buyers may pay when using a payment method.

App price:
the price buyers pay for the Source Code to use an App

Customization  support:
the support a Creator agrees to provide AppKino Marketplace account holders for an App marked as ‘customization supported’.

List price:
the price you see on an App page on AppKino Marketplace, which is made up of the App price and buyer fee.

Member:
a person who signs up by creating an account and accepting these terms.

Member’s statement:
the record of payments by you to AppKino (as a buyer) and by AppKino to you (as a creator).

Payment method:
any payment agent or method we make available on the AppKino Marketplace.

Total price:
the price the buyer will pay in total, which consists of the App price, AppKino’s buyer fee and handling fee (if applicable) and any taxes that may be added.

Your content:
everything that you post on the AppKino Marketplace, or send via the AppKino Marketplace to other members and to us including Apps, files, communications and materials.

 

We wish you all the very best in selling your Apps on the AppKino Marketplace. Please proceed to the Creator Sign Up page and start selling.

VERSION 1.0 – Effective Date: February 01, 2018